LIBBY, MCNEILL & LIBBY v. WISCONSIN E. R. COMM.

No. 137.

48 Wis.2d 272 (1970)

179 N.W.2d 805

LIBBY, MCNEILL & LIBBY, Respondent, v. WISCONSIN EMPLOYMENT RELATIONS COMMISSION and another, Appellants.

Supreme Court of Wisconsin.

Decided October 9, 1970.


Attorney(s) appearing for the Case

For the appellant Wisconsin Employment Relations Commission the cause was argued by David J. Hanson, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and William H. Wilker, assistant attorney general.

For the complainant-appellant there was a brief by Goldberg, Previant & Uelmen and David Loeffler, all of Milwaukee, and oral argument by Mr. Loeffler.

For the petitioner-respondent there was a brief by Melli, Smith & Shiels of Madison, and oral argument by Robert W. Smith.


HANLEY, J.

The following issues are presented on this appeal:

(1) Whether respondent's economically motivated decision to mechanize a portion of its operation so affects terms and conditions of employment that it is a mandatory subject of collective bargaining under secs. 111.02 (5), and 111.06 (1) (d), Stats.;

(2) Whether the respondent's failure to bargain the effects of the decision to mechanize constitutes a refusal to bargain under sec. 111.06...

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